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5.18 Work and Family Program Transfer of Leave Credits Between Family Members

Upon request of an employee and upon approval of a department director or designee, leave credits (CTO, annual leave, personal holiday, personal leave, vacation, and/or holiday credit) may be transferred between family members (donations may be made by a child, parent, spouse, domestic partner that has been defined and certified with the Secretary of State’s office in accordance with Family Code Section 297, brother, sister, or other person residing in the immediate household) in accordance with departmental policies under the following conditions:

  1. To care for the family member’s child, parent, spouse, domestic partner that has been defined and certified with the Secretary of State’s office in accordance with Family Code Section 297, brother, sister, or other person residing in the immediate household, who has a serious health condition, or a medical leave for the employee’s own serious health condition as defined by the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), or for a parental leave to care for a newborn or adopted child.
  2. Sick leave credits cannot be transferred.
  3. The receiving employee has exhausted all leave credits.
  4. The donations must be a minimum of one (1) hour and in whole hour increments thereafter.
  5. Personal holiday donations must be transferred in one day increments (Personal holiday donations shall be made pursuant to the donating employee’s time base).
  6. Transfer of leave credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department.
  7. The donated hours may not exceed three (3) months. However, if approved by the appointing authority, the total leave credits received may be six (6) months.
  8. Donations shall be made on a form to be developed by the State, signed by the donating employee, and verified by the donating department. Once transferred, donations will not be returned to the donor.
  9. This section is not subject to the grievance and arbitration article of this Contract.